SEEU Review vol. 5 Nr. 2 (pdf) - South East European University

Eneida Sema (LL.M)
An appeal can filed against the decision of the Inspector General within
30 days from the date of receiving the notice before the Court of First
Instance in the district where the infringement has occurred. The decision of
Inspector General which has become final constitutes an executive title. In
case these decisions are not voluntarily executed, the Bailiff’s office
executes them by sequestering a part of the infringer’s property in the value
of the fine. This sequestration is temporary and lasts 6 months. If the
deadline expires and the decision has not been yet executed, the confiscation
of property is made in the value of the fine.
Article 202/5 of the Code of Labor, amended by law no. 9125 dated July
29, 2003, provides that any infringement is punishable by a fine. When the
infringement is repeated, or at the expense of some employees, the overall
amount of fines determined, will be no greater than the fivefold of the
maximum fine.
One of the main obligations for the employer is to respect the form of the
contract of employment. Failure to implement the provisions of the Labor
Code in relation to the form of the contract concluded affects the validity of
the contract and is reflected in the responsibility of the employer, under
Article 202 / 2 of this Code.
When the infringement is committed by a person assigned by the
employer to represent the company, the responsibility for paying the fine in
this case is solitary.
If infringements of the provisions of this Code constitute a criminal
offence, provisions of the Criminal Code are accordingly applied. Article
289 of this Code on the violation of rules at work, provides that death or
serious injury of person’s health caused as a result of violation of rules
related to work, production and service as established by law, Council of
Ministers Decisions and the regulations for technical security and discipline,
protection at work, hygiene, protection from fire, by persons assigned to
respect these rules and undertake measures to implement them, is punishable
by fine or imprisonment of up to ten years. When death or serious injury of
the health of some employees is caused as a result of the criminal offence
committed, then the sentence regarding the person responsible, is not less
than five years.
The Criminal Code also provides for other criminal offences concerning
the responsibility of the employer in some particular cases. Article 201 of
this Code provides for air pollution from the emitted smokes, gases and other
toxic and radioactive materials beyond the limits of the permissible norms.
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